Terms of service

TERMS & CONDITIONS

  • Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

The following license agreement applies to all products given away (free) or sold either through digital download, distributor, or authorised retailer carrying Eli Mary products.

  • License Agreement

When you purchase or download one of our sample packs you are NOT obtaining OWNERSHIP of the sounds in the library. You are purchasing a LICENCE to use the sounds within your musical compositions, whether or not your compositions are released commercially. Copying, duplication, lending or re-selling of this product or its contents in whole or part are strictly prohibited. Once purchased your license is NON TRANSFERABLE which means that the license is authorised only to the original purchaser. You are not permitted in ANY way to share the sample packs with others.

How can I use the sounds? Once you have purchased or downloaded one of our sample packs you have a single user license which permits you to use sounds from that library in combination with others sounds in your own music productions (which include soundtracks such as films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, public performances and other reasonable musical purposes within musical compositions). You may release such productions commercially without payment of any further royalties or fees for such usage. You MAY NOT use the sounds and MIDI files in isolation as sound effects (i.e. a sequence of musical events) or within any competitive products that are sold or relicensed to multiple third parties. For example, you are not authorised to create another sound library with any of the sounds from our products. Doing so will infringe copyright law and you will be liable for prosecution under the copy write design and patent.

  • Usage and Copyright

Copying, re-selling, leasing, duplicating or distribution in any form of the products for sale, other than outlined in the ‘License Agreement’, is strictly prohibited. This extends but is not limited, to file sharing websites, web forums, computer networks and file hosting websites. Products cannot be distributed in their original format or sold in a manner that would be considered competitive with the nature of Eli Mary’s business.

  • No Generative AI Training Use.

For avoidance of doubt, Eli Mary reserves the rights, and you may not reproduce and/or otherwise use the the sample packs, or any music from Eli Mary, in any manner for purposes of training artificial intelligence technologies, including without limitation, technologies that are capable of generating works in the same style or genre as the sample library. This includes any training done in an official or unofficial capacity. You do not have the right to sublicense others to reproduce and/or otherwise use the sample library in any manner for purposes of training artificial intelligence technologies to generate works in same style without Author’s specific and express permission.

  • The Right To Challenge A Transaction

Eli Mary reserves the right to challenge the legal standing of a transaction under sufficient circumstances. In such a case the user will be contacted by Eli Mary staff individually to confirm his/her identity. Failure to verify a user’s identity will result in cancelling the challenged order. A challenged order is open for validation for 30 days after the transaction.

  • Law And Jurisdiction

This notice will be governed by and construed in accordance with South African law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of the South Africa.

Prices and availability of Content offered through the Website are subject to change at any time without notice. PIV does not provide price protection or refunds in the event of a price drop or promotional offering.

  • Disclaimer and Waiver

Eli Mary will be held harmless against any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions. By entering this agreement, you agree not to sue or recover any damages from Eli Mary and any affiliated companies or people as a result of its decision to terminate or suspend this agreement.